Category Archives: Bourbon County

Groundbreaking Ceremony Kicks off Highway 69 Project

State and local leaders took part in a groundbreaking ceremony Monday morning at Cherry Grove Baptist Church in preparation for the Highway 69 widening project that is set to begin this week.

“It’s a big day for us to be here and to actually be turning dirt,” said Ken Brock, the volunteer leader of the Kansas Highway 69 Association who played a key role in making the project a reality.

Governor Sam Brownback attended the event and said he is glad the project is underway after it “hit a rut” in recent years because of budget issues.

“There’s a lot of people who have fought for this for a long period of time to make this a reality,” Brownback said.

Brownback explained the state is currently focusing on the maintenance of roads instead of new constructions, but added the Highway 69 project is key to commerce and safety and is a priority of the state.

“It is one of the major arteries of the state that needs to be finished,” Brownback said of the six-mile project that will make it four lanes to the county line, adding he plans to have that project continuing to Pittsburg before he finishes his time in office. “Today is the beginning of a nice victory lap.”

Kansas Secretary of Transportation Richard Carlson, appointed to his position just in the last year, said he looks forward to the completion of the project and how it will bring a boost to the entire state.

“It’s an important corridor for the area for the expansion of 69,” Carlson pointed out. “It’s another important step in moving our four-lane highway system further south…We at KDOT are proud to be a part of this important project and certainly look forward to the completion of it all the way south.”

Carlson also encouraged drivers to be cautious when driving on the highway during periods of construction in order to avoid any dangerous situations for the drivers or the construction workers.

“There’s a lot of people that go into making a project like this happen,” Brock said, saying the governor and Senator Jake LaTurner invested great effort into the project. “It doesn’t just happen and it doesn’t happen quickly.”

LaTurner pointed out he was not the individual who began the process, as a number of bipartisan senators and representatives invested time into it over the past 30 years. The first portion of the project is expected to be complete by the end of 2018.

From the Capitol: Adam Lusker

This Week on the House Floor

Submitted by Representative Adam Lusker

This week, an elections bill passed through the House 120 votes – 0. The bill is in regards to the special election to be held on April 11, 2017, to fill the Congressional seat in Kansas’ District 4 vacated by Mike Pompeo. Pompeo was appointed CIA Director by Donald Trump and confirmed by the U.S. Senate.

A Congressional seat in Kansas has not been vacated since 1950. The rules and regulations of a special election that are not specified must be drawn. This particular bill from the Senate, (SB 43), deals with setting forth those updated rules and processes.

Brownback Tax Plan Dead in Senate

On Tuesday, the Kansas Senate took up Governor Brownback’s tax plan for a vote. The tax plan included more unsustainable fixes to plug the budget deficit, like doubling the alcohol and tobacco taxes across the state. The process was long and drawn out, as the Senate divided the bill into separate parts, voting each one down in turn.

Senate Creates Education Budget Committee

Following the Kansas Supreme Court ruling in the Gannon case, which deemed the school finance system both inadequate and unconstitutional, Senate President Susan Wagle created a special committee to address the school funding issues that the Kansas Legislature must solve and prove adequate by June 30, 2017.

The committee is composed of 9 Republicans and 2 Democrats. The Kansas House had already established such a committee at the beginning of the 2017 session.

International Women’s Day

Wednesday, March 8th, we celebrated International Women’s Day – a day to honor women across the world, recognizing their great contributions to our history, to our present and to our futures. This day also spotlights the inequality that women face in many aspects of their lives, and emphasizes the need for solutions to those issues. Kansas has a long history of showing respect for women’s rights.

Happy International Women’s Day!

It is a special honor to serve as your state representative. I both value and need your input on the various issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 50-S, 300 SW 10th, Topeka, KS 66612. You can reach me at (785) 296-7698 or call the legislative hotline at 1-800-432-3924 to leave a message for me.

Additionally, you can e-mail me at [email protected]. You can also follow the legislative session online at www.kslegislature.org.

County Commission Discusses Current Jail Building

During a work session held Wednesday morning, the Bourbon County Commission discussed how the current jail building will be used once the inmates and Sheriff’s Department moves to the new law enforcement center later this year.

“We’ve got to get this going,” commissioner Nick Ruhl said. “October will be here before you know it.”

A number of county employees attended the work session to share ideas on how the building could be utilized.

Commissioners first mentioned that moving the offices currently on the second floor, including the treasurer’s and clerk’s offices, could be moved to that first floor area so members of the public would not have to climb the stairs to the second floor. The second floor could then be used by the county attorney, making the second and third floors used only by the judicial system, and thus more easily secured.

Further discussion revealed that plan could end up being costly, as walls would have to be added in those second floor offices to accommodate the attorney’s staff, which currently works out of a separate building across the street from the courthouse.

Instead, the commissioners decided it made more sense to have the attorney’s office move directly into the old jail, where the rooms are already arranged to serve as offices, storage rooms, the law library and a conference area.

“It shouldn’t take a lot of money,” commission chairman Lynne Oharah said, adding the area would likely only need paint and new carpet.

Other options that arose during the work session, some of which could be done in conjunction with the attorney’s move, included turning portions of the old jail into storm shelters. Certain office areas may also be available to lease, such as to the city codes and community correction departments, who have already expressed interest. The building could also be sold entirely.

In upcoming weeks and months, the commission will continue to listen to ideas and begin to form a plan for how the building will be used. The remaining funds from the tax increase for the law enforcement center project are to be used to fund those changes and other courthouse improvements.

Regardless of how it is used, the commissioners said they will likely save money by not having to use the utilities in that building all the time as they did when housing inmates. They also plan on closing off that entrance for security purposes and repairing the east entrance to make it handicap accessible.

Arts Council Hosts 25th Fine Arts Exhibit

Almost 100 pieces of art are on display at the Ellis Fine Arts Center, as the Bourbon County Arts Council hosts the 25th Annual Fine Arts Exhibit.

“It really speaks well of the community and the arts council itself,” Ray Streeter said of the 25 years of hosting the event.

Through Friday, members of the community can visit the exhibit to view and purchase a variety of pieces, including paintings, photographs, ceramics, jewelry and others. Prizes were awarded to the first place pieces of each category, donated by individuals and businesses of Fort Scott.

The exhibit includes 95 pieces from 42 artists. Nineteen of those artists are from Bourbon County while the others are from surrounding cities and into Missouri. Items from the Fort Scott High School art class students are also displayed.

The exhibit will be available from noon to 7 p.m., Thursday and Friday. The arts council is also asking its members to renew their memberships and encourages other members of the community to join.

“We think we do a lot for the community and we need your support to do it,” Streeter said.

Legislative Update

By State Senator Caryn Tyson

February 24, 2017

2017 Session – Week 7

The message some are sending out is “we want a massive tax increase now!” when they demanded support of Substitute for House Bill (Sub HB) 2178. The bill would have been the largest tax increase ever, even more than the sales tax increase in 2015 (which I did not support). This huge, half-billion per year tax increase would have been retroactive, starting 1/1/2017. You might not think that is a big deal, as we are only in the second month of the year; however, it could take two to four months to implement. You would have to decide whether to increase your withholding to handle the increase for the entire year, or owe a lump sum at the end of the year. This tax increase passed both chambers but was vetoed by the governor. His veto was upheld in the Senate.

Sub HB 2178 was bad policy. I voted against this massive tax increase and to sustain the veto. Some legislators didn’t know the amount of tax increase or that the bill was retroactive; they just knew that it was a tax increase and it would “stop Brownback’s 2012 tax policy.” As legislators, our job is to govern. Understanding the policy that we are voting on is critical. It appears that too many people are putting political sound-bites before sound policy.

The last week before the halfway point of session, both chambers raced to pass legislation to the other chamber. This is not a good way to conduct business. To make it worse, Tuesday the Majority Leader told senators they would have six more bills to debate on a day they had already been working 17 bills. This would give us less than two hours to prepare for debate and request any amendments. I strongly requested that leadership reconsider this reckless schedule so that we could be more diligent in working the bills. The expedited process is not a good way to conduct the State’s business.

One such example is Senate Bill (SB) 154. The bill seemed fine but after reading it, I found that the only way to file a complaint with the Kansas Department of Aging and Disability (KDADS) would be via KDADS ‘hotline.’ You could not write a letter, email, or submit a complaint in any other manner. Why should there be a law requiring you complain via a phone call to a hotline? There were 38 Yes votes and 2 No votes. I voted No.

Another bill that needed work but also passed the chamber is SB 144. It would prohibit the use of hand-held wireless devices in construction and school zones. Distracted driving is already against the law. If we try to list every type of distraction, we are bound to miss something. I voted No. The bill passed the Senate on a vote of 21 Yes and 17 No.

It is an honor and a privilege to serve as your 12th District State Senator.

Caryn

Office Telephone: 785.296.6838

Telephone: 913.898.2366

Email: [email protected]

Commission Decides Not to Add More Jail Beds

After much discussion and consideration of county residents’ input, the Bourbon County Commission decided during their meeting Tuesday morning to not purchase another jail pod, which would have added 16 more beds to the new law enforcement center.

The plans for the jail began with 74 beds, but included an option for adding one more pod to increase that to 90 in case they found that the jail was filling up with local and out-of-county inmates. Sheriff Bill Martin said that, in communicating with other counties and their law enforcement agencies, most encouraged them to not limit their bed space, such as Cloud County, whose jail built just two years ago is already overflowing.

The present jail currently has 48 inmates, while six had to be moved out of the county because there was not enough space. Martin said they have also had to turn away other counties asking if Bourbon County could house some of their inmates.

Citizens present at the meeting spoke against adding the pod, which would add more than $380,000 to the jail project, which has already come in above the initial $6.85 million budget because of an unexpected increase in the cost of materials and construction.

“You can’t keep spending money we don’t have,” Brian Wade addressed the commissioners. “You’re burdening us to no end.”

Rhonda Dunn, now working part-time for the county treasurer’s office, said the funding for the pod would not come as a new tax. The 0.4 percent tax increase approved for the jail project, an increase that will sunset after 20 years or as soon as the project is paid off, is expected to bring in more than enough to cover the added cost.

“This is not costing the taxpayers more,” Dunn said, but added it would take funds away from other projects, such as improving the county courthouse and renovating the area where the jail is currently located.

Dunn said so far the tax revenue for the project is coming in above their projections, bringing in more than $761,000 in 2016 when they had estimated about $676,000 annually.

All three commissioners said they received calls from citizens in the past week, some expressing support for adding the pod now, when it could likely be done at a cheaper rate, while others said that is not what the county voted for when they approved the project, which has already exceeded the agreed upon cost.

Commissioner Jeff Fischer said he believes citizens are beginning to feel as if they are losing their say in the project, which was already approved by a narrow margin. Fischer said it may be best to delay adding the pod in order to draw in more revenue before deciding to spend more.

Commissioner Nick Ruhl said it makes sense to add the pod now, since the other pods are currently being installed and since the county is already paying for the utilities and staff needed. But Ruhl said he believes the county should wait to spend more money and instead give the sheriff’s department an opportunity to raise that money itself by housing inmates from other counties once the project is complete.

Martin said the jail could potentially raise between $100,000 and $200,000 annually by housing other inmates. Dunn said the county could create an account for that surplus money from the sheriff’s department for the law enforcement’s use.

The commissioners voted unanimously not to approve the change order for the project that would have included the extra pod.

Local Representatives Provides Update on Current Session

A local state senator and representatives attended a legislative breakfast held Saturday morning at Mercy Hospital, answering a variety of questions raised by concerned citizens attending the event.

District 2 Representative Adam Lusker, District 4 Representative Trevor Jacobs and District 12 Senator Caryn Tyson were present for questions, while District 13 Senator Jake LaTurner was absent due to illness.

“We want to make sure you have an opportunity for questions,” moderator Mark McCoy said to the audience.

One of the first topics of interest addressed the issue of taxes, specifically House Bill 2178, the largest tax increase for the state which increases taxes retroactively for owners of smaller businesses, requiring them to pay that increase starting from January 2017. Governor Sam Brownback vetoed that bill in the past week, with the senate upholding the veto, while the House of Representatives voted to override that veto.

Jacobs said he voted against the override because of his promise to supporters that he would not support tax increases. Tyson said she does not believe the logistics of the bill are what the state needs, although she said changes do need to be made in order to improve the state’s budget.

“We’ve been working very diligently in the senate on tax,” Tyson said, adding there will be a number of tax bills addressed this session and that she believes there needs to be a single tax code for all businesses. “We need a fair tax structure.”

Lusker said he voted for the override, saying the state needs to increase its revenue in order to improve the state budget so further cuts need not be made.

“Fixing our state budget is our job,” Lusker said.

Jacobs said the state spending needs to be addressed before the state begins to increase taxes.

“The government needs to learn to do some squeezing,” Jacobs said, adding he believes limits need to be set. “We have to go by boundaries.”

The issue of the increase of Medicaid in Kansas also came up—which Tyson said may not be a good idea currently since the federal administration is reconsidering the Affordable Care Act, which Jacobs referred to as a “sinking ship.” Lusk said he believes such an increase is vital for rural hospitals.

Other concerns raised addressed topics such as cuts to education—which Tyson said she believes will not happen at this time, but added she cannot guarantee that; and the Highway 69 project, with Jacobs saying the Bourbon County phase is scheduled to begin soon and be completed by the end of 2018.

“It’s not easy to do what they do,” McCoy said of the Bourbon County representatives. “And I commend them for that.”

See the following link for more information about House Bill 2178: http://www.kslegislature.org/li/b2017_18/measures/documents/hb2178_00_0000.pdf

County Calls for Audit of Fire District 2

After months and even years of concerned comments from constituents, the Bourbon County Commission decided Tuesday to demand an audit from Rural Fire District 2, or the Garland Fire Department.

Township trustees Dwayne Allen and Don Banwart presented their request to the commission, saying the fire department in the past year had refused to give the township board details concerning finances and fire district administration, even going so far as to get a restraining order against the township.

“This is unnecessary; it’s a waste of taxpayers’ money,” Banwart said of the injunction that has cost both parties large sums of money due to lawyers’ fees. “Our hands are basically tied.”

County Commissioner Jeff Fischer, who is familiar with the fire district and has attended meetings on the subject, said the lack of transparency with the fire department began as far back as four years ago, when some of the staff such as the chief were released and money seemed to disappear without the knowledge of the township board, which is supposed to have authority over the fire board.

Banwart said an audit would help clarify some of what is occurring in the fire district and give them guidance moving forward, saying their chief concern is the safety of the Scott and Drywood township residents in that district.

A report concerning the four Bourbon County fire districts and their effectiveness was presented to the commission January 17, and showed that in 2016, the Garland department only responded to about 77 percent of the calls. Banwart said he believes the department is down to only three firefighters.

In March 2016, District 13 Kansas Senator Jacob LaTurner successfully created a bill that was passed by the senate, giving county commissions the authority to demand an audit from fire districts at the request of the townships.

Under that new ordinance, the Bourbon County Commission unanimously voted to act by pursuing that audit. The audit, which in this case may reach as far back as five years, will be paid for by the townships.

Initially, county treasurer and CPA Rhonda Dunn had said she could do the audit, but Tuesday advised they use a third party. The commission said they would move forward immediately, finding what the cost of such an audit would be as they decide how far back to go in the district’s finances.

Jail Cells Arrive at Law Enforcement Center

About half of the jail cell pods arrived at the site for the Bourbon County Law Enforcement Center Tuesday morning, with the remainder scheduled to come in next week.

Jail Cells

The pods, which each include eight cells, with two beds in each, arrived already fabricated and ready to put in place. Their complete installation including welding is expected to be accomplished by the end of next week.

The pods will provide beds for 76 inmates, but the original site plans included a place for one more pod that would provide 16 more beds. During the Bourbon County Commission meeting Tuesday morning, Sheriff Bill Martin encouraged the commission to consider going ahead and getting that pod while the building is still being constructed.

Martin gave a report on the responses he got from surrounding counties he had contacted about housing their inmates. Many showed interest, including Wichita’s Kansas Department of Corrections, while other counties said they were too far away to transport inmates to Bourbon County.

Martin said he also spoke with counties that recently constructed or added on to their own jails, and those corrections departments shared advice that Bourbon County not be conservative in their number of beds, since even their newer and larger facilities are filling up.

Housing out-of-county inmates could bring in an additional $35 per inmate per day, and the excess number of beds would also insure that Bourbon County would not have to pay other counties to house local inmates.

Martin said now may be a good time to go ahead and get that pod, since the space is available and it would be easy to put in while the building is still open and other pods are being placed. Once the building is complete, it would be more expensive and difficult to open the building back up in order to install it.

The commissioners said that decision would be made based on the available funding.

Dunn to Transition from County to City

During Tuesday night’s Fort Scott City Commission meeting, City Manager Dave Martin introduced Rhonda Dunn as the city’s new manager of codes enforcement beginning March 1.

Rhonda Dunn

Shortly after being sworn in January 9, after being reelected as Bourbon County’s Treasurer, Dunn announced that she will begin working with the city of Fort Scott, as the city continues its effort to enforce local codes in order to improve the community’s environment.

“We all drive around in our town and think how it used to be and how it once was,” Dunn said of her decision. “And I figured, you can’t just talk about that, you have to do something about it. I see this as an opportunity for me to help with that.”

Dunn said she will miss being involved in the county, but believes she left a good mark and is leaving the job in good hands with the staff she worked with. Before resigning entirely from the county, Dunn said she will also help train the staff and her replacement.

“It was a really hard decision for me,” Dunn said of her departure from the county. “Because I absolutely love working for the county.”

But Dunn said she is looking forward to improving the community as well as assisting the city in finding ways to utilize surplus property that is currently unused. She added she was ready for a change and the opportunity to hold a position that has room for upward movement, whereas that was unavailable as county treasurer.

“I’m very, very excited, I can’t wait to get to the city,” Dunn said, adding she looks forward to helping the infrastructure of the city move forward by encouraging people to improve their property and the city, not just through penalties but through rewards. “There’s so much going on in Fort Scott and so many good things happening, I feel like there’s a piece here that I can contribute to.”

Martin mentioned at a recent Chamber of Commerce event that the city had been lenient on codes enforcement for more than a decade, leading to areas of town becoming run down or in need of attention due to codes violations. But in recent years, Martin and other staff began to focus on that growing need in the city.

“Our business as the city is not to fine people,” Martin said. “We don’t want to fine people to take care of their property, we want compliance.”

Martin pointed out that some people do not have the means to take care of their homes and properties, and the city wants to connect them with churches or other organizations able to provide assistance. Martin said it is the homeowners that do not care to keep up their property that need stricter enforcement.

Martin said the city believes Dunn is just that person to make sure the codes are properly enforced, saying she “has a vision, can work with HPA [Historic Preservation Association] on buildings, can work with homeowners.”

“She has a heart for Fort Scott and loves the town,” Martin said. “We’re excited and I think she will do a great job.”

Bourbon County leaders and staff said Dunn will be missed. Public works director Jim Harris said he believes Dunn was largely responsible for the excellent management of the road and bridge department’s budget in the past year.

“Road and bridge really appreciates her expertise,” Harris said, saying Dunn met with them monthly and sometimes weekly.

County Commissioner Lynne Oharah expressed appreciation for her help when he needed specific information about finances and the county’s cash flow.

“She’s been a big asset,” Oharah said.

While her job with the city will be her main focus, Dunn will still remain available to assist the county on a part-time basis for the near future. She said she and the city will do all they can to make sure the transition is smooth and that there will be no need for a special election.

Once Dunn does submit her resignation to the governor and the county commissioners, the Bourbon County Republican Party precinct leaders will have 21 days to recommend her replacement, who would then need to be approved by the governor. The new county treasurer would be up for reelection in the next general election in 2018. The annual salary for the treasurer is more than $37,000, while Dunn had received another $10,000 annually for motor vehicle pay. The annual salary for the codes manager ranges from $47,500 to $52,150.

County Removes Vicious Dogs Policy

After about a year of discussions on the topic, and with a case making its way through the court, the Bourbon County Commission decided Tuesday to just do away with the vicious dogs policy that had been written in 1987.

County Commission

The commissioners, along with members of the Sheriff’s Office and county attorney Justin Meeks, determined that even updating the policy to better define a vicious dog would not solve the problem since the county does not have the employees to enforce it.

“If you don’t enforce a policy, why have it?” Meeks asked.

Under the previous policy, it was left to the sheriff’s deputies to answer calls concerning vicious dogs, but that department does not have the manpower or the equipment to respond to such calls or handle the animals, even if they are able to catch them.

Undersheriff Ben Cole said even having a deputy focus full-time on vicious dog calls would not be sufficient, and would also be expensive due to the deputy’s wages, a kennel and other equipment and mileage from traveling through the county. He added it is up to the county to prioritize what they want to accomplish and devote county funds to.

By dissolving the policy, circumstances involving vicious dogs become a civil issue. Pit bulls are also no longer banned in the county, though Meeks pointed out some homeowners’ insurance policies have their own restrictions on owning such dogs.

Courthouse Enjoys Fowl Visitor

In the past month, the Bourbon County Courthouse has had an unexpected, feathered visitor on its lawn and even inside the lobby.

The rooster and hen as seen in December, 2016.
The rooster and hen as seen in December, 2016.

Around the holidays, Christopher Petty of the Kansas State Southwind Extension Office and other county employees and courthouse visitors noticed a rooster and hen lingering around the courthouse property. While the hen has not been seen of late, Petty said the rooster is still seen frequently.

“The rooster, he seems to stick around,” Petty said, saying they believe it is owned by one of the residents of the homes to the west of the courthouse. “He wanders around the courthouse quite a bit.”

While the rooster occasionally makes visitors nervous when they see it walking along the sidewalk, Petty said the bird has been calm instead of aggressive as many roosters are. When the rooster found its way inside the courthouse one day, Petty said a commissioner was able to pick it up and take it back outside without any trouble.

“He’s pretty tame,” Petty said, adding that he is also likely tough, as it seems to thrive in an urban environment.

Until the courthouse rooster decides to spend his time elsewhere, visitors to the courthouse may be able to spot him wandering around the parking lot, lawn and sidewalks of the county property.